new york city assault lawyer

 

NEW YORK CITY ASSAULT DEFENSE LAWYER

 

MICHAEL S. DISCIOARRO, ESQ.

 

CALL 24 HOUR HOTLINE- 917-519-8417

 

120.00 Assault in the third degree.


A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another
person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.

 

S 120.01 Reckless assault of a child by a child day care provider.


A person is guilty of reckless assault of a child when, being a child
day care provider or an employee thereof, he or she recklessly causes
serious physical injury to a child under the care of such provider or
employee who is less than eleven years of age.
Reckless assault of a child by a child day care provider is a class E felony.

 

S 120.02 Reckless assault of a child.


A person is guilty of Reckless Assault of a Child when, being eighteen
(18) years of age or more, such person recklessly causes serious physical
injury to the brain of a child less than five (5) years old by shaking
the child, or by slamming or throwing the child so as to impact the
child’s head on a hard surface or object.
SERIOUS PHYSICAL INJURY TO THE BRAIN means impairment of a person’s
brain which creates a substantial risk of death, or which causes death
or protracted impairment of health or protracted loss or impairment
of the function of the brain,or extreme rotational cranial acceleration
and deceleration and one or more of the following: subdural hemorrhaging;
intracranial hemorrhaging; or retinal hemorrhaging.
Reckless assault of a child is a class D felony.

 

S 120.03 Vehicular assault in the second degree.


A person is guilty of vehicular assault in the second degree when:
(1) with criminal negligence he causes serious physical injury to
another person, and either
(2) causes such serious physical injury by operation of a vehicle in
violation of subdivision two, three or four of section eleven hundred
ninety-two of the vehicle and traffic law or by operation of a vessel or
public vessel in violation of paragraph (b), (c), (d) or (e) of
subdivision two of section forty-nine-a of the navigation law, or
(3) causes such serious physical injury by operation of a motor
vehicle with a gross vehicle weight rating of more than eighteen
thousand pounds which contains flammable gas, radioactive materials or
explosives in violation of subdivision one of section eleven hundred
ninety-two of the vehicle and traffic law, and such flammable gas,
radioactive materials or explosives is the cause of such serious
physical injury, by operation of a snowmobile in violation of paragraph
(b), (c) or (d) of subdivision one of section 25.24 of the parks,
recreation and historic preservation law or by operation of an all
terrain vehicle as defined in paragraph (a) of subdivision one of
section twenty-two hundred eighty-one of the vehicle and traffic law and
in violation of subdivision two, three, or four of section eleven
hundred ninety-two of the vehicle and traffic law.
Vehicular assault in the second degree is a class E felony.

 

S 120.04 Vehicular assault in the first degree.


A person is guilty of vehicular assault in the first degree when he:
(1) commits the crime of vehicular assault in the second degree as
defined in section 120.03, and
(2) commits such crime while knowing or having reason to know that:
(a) his license or his privilege of operating a motor vehicle in another
state or his privilege of obtaining a license to operate a motor vehicle
in another state is suspended or revoked and such suspension or
revocation is based upon a conviction in such other state for an offense
which would, if committed in this state, constitute a violation of any
of the provisions of section eleven hundred ninety-two of the vehicle
and traffic law; or (b) his license or his privilege of operating a
motor vehicle in the state or his privilege of obtaining a license
issued by the commissioner of motor vehicles is suspended or revoked and
such suspension or revocation is based upon either a refusal to submit
to a chemical test pursuant to section eleven hundred ninety-four of the
vehicle and traffic law or following a conviction for a violation of any
of the provisions of section eleven hundred ninety-two of the vehicle
and traffic law.
Vehicular assault in the first degree is a class D felony.

 

S 120.04-a Aggravated vehicular assault.


A person is guilty of aggravated vehicular assault when he or she
engages in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law, and commits the crime of vehicular
assault in the second degree as defined in section 120.03 of this
article, and either:
(1) commits such crimes while operating a motor vehicle while such
person has .18 of one per centum or more by weight of alcohol in such
person's blood as shown by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section
eleven hundred ninety-four of the vehicle and traffic law;
(2) commits such crimes while knowing or having reason to know that:
(a) his or her license or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute
a violation of any of the provisions of section eleven hundred
ninety-two of the vehicle and traffic law; or (b) his or her license or
his or her privilege of operating a motor vehicle in this state or his
or her privilege of obtaining a license issued by the commissioner of
motor vehicles is suspended or revoked and such suspension or revocation
is based upon either a refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle and traffic law or
following a conviction for a violation of any of the provisions of
section eleven hundred ninety-two of the vehicle and traffic law;
(3) has previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic law
within the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other state or jurisdiction for an
offense which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the vehicle and traffic law,
shall be treated as a violation of such law;
(4) causes serious physical injury to more than one other person; or
(5) has previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title involving the
operation of a motor vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of a motor vehicle
which, if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title.
If it is established that the person operating such motor vehicle
caused such serious physical injury or injuries while unlawfully
intoxicated or impaired by the use of alcohol or a drug, or by the
combined influence of drugs or of alcohol and any drug or drugs, then
there shall be a rebuttable presumption that, as a result of such
intoxication or impairment by the use of alcohol or a drug, or by the
combined influence of drugs or of alcohol and any drug or drugs, such
person operated the motor vehicle in a manner that caused such serious
physical injury or injuries, as required by this section and section
120.03 of this article.
Aggravated vehicular assault is a class C felony.

 

S 120.05 Assault in the second degree.


A person is guilty of assault in the second degree when:
1. With intent to cause serious physical injury to another person, he
causes such injury to such person or to a third person; or
2. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person by means of a deadly
weapon or a dangerous instrument; or
3. With intent to prevent a peace officer, police officer, a fireman,
including a fireman acting as a paramedic or emergency medical
technician administering first aid in the course of performance of duty
as such fireman, an emergency medical service paramedic or emergency
medical service technician, or medical or related personnel in a
hospital emergency department, from performing a lawful duty, by means
including releasing or failing to control an animal under circumstances
evincing the actor`s intent that the animal obstruct the lawful activity
of such peace officer, police officer, fireman, paramedic or technician,
he causes physical injury to such peace officer, police officer,
fireman, paramedic, technician or medical or related personnel in a
hospital emergency department; or
4. He recklessly causes serious physical injury to another person by
means of a deadly weapon or a dangerous instrument; or
5. For a purpose other than lawful medical or therapeutic treatment,
he intentionally causes stupor, unconsciousness or other physical
impairment or injury to another person by administering to him, without
his consent, a drug, substance or preparation capable of producing the
same; or
6. In the course of and in furtherance of the commission or attempted
commission of a felony, other than a felony defined in article one
hundred thirty which requires corroboration for conviction, or of
immediate flight therefrom, he, or another participant if there be any,
causes physical injury to a person other than one of the participants;
or
7. Having been charged with or convicted of a crime and while confined
in a correctional facility, as defined in subdivision three of section
forty of the correction law, pursuant to such charge or conviction, with
intent to cause physical injury to another person, he causes such injury
to such person or to a third person; or
8. Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant recklessly
causes serious physical injury to such person; or
9. Being eighteen years old or more and with intent to cause physical
injury to a person less than seven years old, the defendant causes such
injury to such person; or
10. Acting at a place the person knows, or reasonably should know, is
on school grounds and with intent to cause physical injury, he or she:
(a) causes such injury to an employee of a school or public school
district; or
(b) not being a student of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen of section 220.00 of this
chapter.
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor or bus operator employed by any transit agency,
authority or company, public or private, whose operation is authorized
by New York state or any of its political subdivisions, he or she causes
physical injury to such train operator, ticket inspector, conductor or
bus operator while such employee is performing an assigned duty on, or
directly related to, the operation of a train or bus.
Assault in the second degree is a class D felony.

 

S 120.06 Gang assault in the second degree.


A person is guilty of gang assault in the second degree when, with
intent to cause physical injury to another person and when aided by two
or more other persons actually present, he causes serious physical
injury to such person or to a third person.
Gang assault in the second degree is a class C felony.

 

S 120.07 Gang assault in the first degree.


A person is guilty of gang assault in the first degree when, with
intent to cause serious physical injury to another person and when aided
by two or more other persons actually present, he causes serious
physical injury to such person or to a third person.
Gang assault in the first degree is a class B felony.

 

S 120.08 Assault on a peace officer, police officer, fireman or
emergency medical services professional.


A person is guilty of assault on a peace officer, police officer,
fireman or emergency medical services professional when, with intent to
prevent a peace officer, police officer, a fireman, including a fireman
acting as a paramedic or emergency medical technician administering
first aid in the course of performance of duty as such fireman, or an
emergency medical service paramedic or emergency medical service
technician, from performing a lawful duty, he causes serious physical
injury to such peace officer, police officer, fireman, paramedic or
technician.
Assault on a peace officer, police officer, fireman or emergency
medical services professional is a class C felony.

 

S 120.10 Assault in the first degree.


A person is guilty of assault in the first degree when:
1. With intent to cause serious physical injury to another person, he
causes such injury to such person or to a third person by means of a
deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently,
or to destroy, amputate or disable permanently a member or organ of his
body, he causes such injury to such person or to a third person; or
3. Under circumstances evincing a depraved indifference to human life,
he recklessly engages in conduct which creates a grave risk of death to
another person, and thereby causes serious physical injury to another
person; or
4. In the course of and in furtherance of the commission or attempted
commission of a felony or of immediate flight therefrom, he, or another
participant if there be any, causes serious physical injury to a person
other than one of the participants.
Assault in the first degree is a class B felony.

 

S 120.11 Aggravated assault upon a police officer or a peace officer.


A person is guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical injury to a
person whom he knows or reasonably should know to be a police officer or
a peace officer engaged in the course of performing his official duties,
he causes such injury by means of a deadly weapon or dangerous
instrument.
Aggravated assault upon a police officer or a peace officer is a class B felony.

 

S 120.12 Aggravated assault upon a person less than eleven years old.


A person is guilty of aggravated assault upon a person less than
eleven years old when being eighteen years old or more the defendant
commits the crime of assault in the third degree as defined in section
120.00 of this article upon a person less than eleven years old and has
been previously convicted of such crime upon a person less than eleven
years old within the preceding three years.
Aggravated assault upon a person less than eleven years old is a class E felony.

 

S 120.13 Menacing in the first degree.


A person is guilty of menacing in the first degree when he or she
commits the crime of menacing in the second degree and has been
previously convicted of the crime of menacing in the second degree
within the preceding ten years.
Menacing in the first degree is a class E felony.

 

S 120.14 Menacing in the second degree.


A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. He or she repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of time intentionally
placing or attempting to place another person in reasonable fear of
physical injury, serious physical injury or death; or
3. He or she commits the crime of menacing in the third degree in
violation of that part of a duly served order of protection, or such
order which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to article eight
of the family court act, section 530.12 of the criminal procedure law,
or an order of protection issued by a court of competent jurisdiction in
another state, territorial or tribal jurisdiction, which directed the
respondent or defendant to stay away from the person or persons on whose
behalf the order was issued.
Menacing in the second degree is a class A misdemeanor.

 

S 120.15 Menacing in the third degree.


A person is guilty of menacing in the third degree when, by physical
menace, he or she intentionally places or attempts to place another
person in fear of death, imminent serious physical injury or physical
injury.
Menacing in the third degree is a class B misdemeanor.

 

S 120.16 Hazing in the first degree.


A person is guilty of hazing in the first degree when, in the course
of another person`s initiation into or affiliation with any
organization, he intentionally or recklessly engages in conduct which
creates a substantial risk of physical injury to such other person or a
third person and thereby causes such injury.
Hazing in the first degree is a class A misdemeanor.

 

S 120.17 Hazing in the second degree.


A person is guilty of hazing in the second degree when, in the course
of another person`s initiation or affiliation with any organization, he
intentionally or recklessly engages in conduct which creates a
substantial risk of physical injury to such other person or a third
person.
Hazing in the second degree is a violation.

 

S 120.18 Menacing a police officer or peace officer.


A person is guilty of menacing a police officer or peace officer when
he or she intentionally places or attempts to place a police officer or
peace officer in reasonable fear of physical injury, serious physical
injury or death by displaying a deadly weapon, knife, pistol, revolver,
rifle, shotgun, machine gun or other firearm, whether operable or not,
where such officer was in the course of performing his or her official
duties and the defendant knew or reasonably should have known that such
victim was a police officer or peace officer.
Menacing a police officer or peace officer is a class D felony.

 

S 120.20 Reckless endangerment in the second degree.


A person is guilty of reckless endangerment in the second degree when
he recklessly engages in conduct which creates a substantial risk of
serious physical injury to another person.
Reckless endangerment in the second degree is a class A misdemeanor.

 

S 120.25 Reckless endangerment in the first degree.


A person is guilty of reckless endangerment in the first degree when,
under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which creates a grave risk of death to
another person.
Reckless endangerment in the first degree is a class D felony.

 

S 120.30 Promoting a suicide attempt.


A person is guilty of promoting a suicide attempt when he
intentionally causes or aids another person to attempt suicide.
Promoting a suicide attempt is a class E felony.

 

S 120.35 Promoting a suicide attempt; when punishable as attempt to
commit murder.


A person who engages in conduct constituting both the offense of
promoting a suicide attempt and the offense of attempt to commit murder
may not be convicted of attempt to commit murder unless he causes or
aids the suicide attempt by the use of duress or deception.

 

S 120.40 Definitions.


For purposes of sections 120.45, 120.50, 120.55 and 120.60 of this
article:
1. "Kidnapping" shall mean a kidnapping crime defined in article one
hundred thirty-five of this chapter.
2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony
crime defined in article one hundred thirty-five of this chapter.
3. "Sex offense" shall mean a felony defined in article one hundred
thirty of this chapter, sexual misconduct, as defined in section 130.20
of this chapter, sexual abuse in the third degree as defined in section
130.55 of this chapter or sexual abuse in the second degree as defined
in section 130.60 of this chapter.
4. "Immediate family" means the spouse, former spouse, parent, child,
sibling, or any other person who regularly resides or has regularly
resided in the household of a person.
5. "Specified predicate crime" means:
a. a violent felony offense;
b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
130.55, 130.60, 130.70 or 255.25;
c. assault in the third degree, as defined in section 120.00; menacing
in the first degree, as defined in section 120.13; menacing in the
second degree, as defined in section 120.14; coercion in the first
degree, as defined in section 135.65; coercion in the second degree, as
defined in section 135.60; aggravated harassment in the second degree,
as defined in section 240.30; harassment in the first degree, as defined
in section 240.25; menacing in the third degree, as defined in section
120.15; criminal mischief in the third degree, as defined in section
145.05; criminal mischief in the second degree, as defined in section
145.10, criminal mischief in the first degree, as defined in section
145.12; criminal tampering in the first degree, as defined in section
145.20; arson in the fourth degree, as defined in section 150.05; arson
in the third degree, as defined in section 150.10; criminal contempt in
the first degree, as defined in section 215.51; endangering the welfare
of a child, as defined in section 260.10; or
d. stalking in the fourth degree, as defined in section 120.45;
stalking in the third degree, as defined in section 120.50; stalking in
the second degree, as defined in section 120.55; or
e. an offense in any other jurisdiction which includes all of the
essential elements of any such crime for which a sentence to a term of
imprisonment in excess of one year or a sentence of death was authorized
and is authorized in this state irrespective of whether such sentence
was imposed.

S 120.45 Stalking in the fourth degree.
A person is guilty of stalking in the fourth degree when he or she
intentionally, and for no legitimate purpose, engages in a course of
conduct directed at a specific person, and knows or reasonably should
know that such conduct:
1. is likely to cause reasonable fear of material harm to the physical
health, safety or property of such person, a member of such person`s
immediate family or a third party with whom such person is acquainted;
or
2. causes material harm to the mental or emotional health of such
person, where such conduct consists of following, telephoning or
initiating communication or contact with such person, a member of such
person`s immediate family or a third party with whom such person is
acquainted, and the actor was previously clearly informed to cease that
conduct; or
3. is likely to cause such person to reasonably fear that his or her
employment, business or career is threatened, where such conduct
consists of appearing, telephoning or initiating communication or
contact at such person`s place of employment or business, and the actor
was previously clearly informed to cease that conduct.
Stalking in te fourth degree is a class B misdemeanor.

S 120.50 Stalking in the third degree.
A person is guilty of stalking in the third degree when he or she:
1. Commits the crime of stalking in the fourth degree in violation of
section 120.45 of this article against three or more persons, in three
or more separate transactions, for which the actor has not been
previously convicted; or
2. Commits the crime of stalking in the fourth degree in violation of
section 120.45 of this article against any person, and has previously
been convicted, within the preceding ten years of a specified predicate
crime, as defined in subdivision five of section 120.40 of this article,
and the victim of such specified predicate crime is the victim, or an
immediate family member of the victim, of the present offense; or
3. With intent to harass, annoy or alarm a specific person,
intentionally engages in a course of conduct directed at such person
which is likely to cause such person to reasonably fear physical injury
or serious physical injury, the commission of a sex offense against, or
the kidnapping, unlawful imprisonment or death of such person or a
member of such person`s immediate family; or
4. Commits the crime of stalking in the fourth degree and has
previously been convicted within the preceding ten years of stalking in
the fourth degree.
Stalking in the third degree is a class A misdemeanor.

 

S 120.55 Stalking in the second degree.


A person is guilty of stalking in the second degree when he or she:
1. Commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 of this article and in the course of
and in furtherance of the commission of such offense: (i) displays, or
possesses and threatens the use of, a firearm, pistol, revolver, rifle,
shotgun, machine gun, electronic dart gun, electronic stun gun, cane
sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand
bag, sandclub, slingshot, slungshot, shirken, "Kung Fu Star", dagger,
dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous
instrument, deadly instrument or deadly weapon; or (ii) displays what
appears to be a pistol, revolver, rifle, shotgun, machine gun or other
firearm; or
2. Commits the crime of stalking in the third degree in violation of
subdivision three of section 120.50 of this article against any person,
and has previously been convicted, within the preceding five years, of a
specified predicate crime as defined in subdivision five of section
120.40 of this article, and the victim of such specified predicate crime
is the victim, or an immediate family member of the victim, of the
present offense; or
3. Commits the crime of stalking in the fourth degree and has
previously been convicted of stalking in the third degree as defined in
subdivision four of section 120.50 of this article against any person;
or
4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or
repeatedly commits acts over a period of time intentionally placing or
attempting to place such person who is under the age of fourteen in
reasonable fear of physical injury, serious physical injury or death.
Stalking in the second degree is a class E felony.

 

S 120.60 Stalking in the first degree.


A person is guilty of stalking in the first degree when he or she
commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 or stalking in the second degree as
defined in section 120.55 of this article and, in the course and
furtherance thereof, he or she:
1. intentionally or recklessly causes physical injury to the victim of
such crime; or
2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, 130.40
or 130.85 of this chapter, or a class D felony defined in section 130.30
or 130.45 of this chapter.
Stalking in the first degree is a class D felony.

S 120.70 Luring a child.
1. A person is guilty of luring a child when he or she lures a child
into a motor vehicle, aircraft, watercraft, isolated area, building, or
part thereof, for the purpose of committing against such child any of
the following offenses: an offense as defined in section 70.02 of this
chapter; an offense as defined in section 125.25 or 125.27 of this
chapter; a felony offense that is a violation of article one hundred
thirty of this chapter; an offense as defined in section 135.25 of this
chapter; an offense as defined in sections 230.30, 230.33 or 230.34 of
this chapter; an offense as defined in sections 255.25, 255.26, or
255.27 of this chapter; or an offense as defined in sections 263.05,
263.10, or 263.15 of this chapter. For purposes of this subdivision
"child" means a person less than seventeen years of age. Nothing in this
section shall be deemed to preclude, if the evidence warrants, a
conviction for the commission or attempted commission of any crime,
including but not limited to a crime defined in article one hundred
thirty-five of this chapter.
2. Luring a child is a class E felony, provided, however, that if the
underlying offense the actor intended to commit against such child
constituted a class A or a class B felony, then the offense of luring a
child in violation of this section shall be deemed respectively, a class
C felony or class D felony.